Patna High CourtCR. MISC./84511/2024bail granted

Sanjay Kumar @ Sanjay v. The State Of Bihar

2024-12-11Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84511 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- Sikandarpur District- Muzaffarpur ====================================================== Sanjay Kumar @ Sanjay Son of Late Bisheshwar Ray Resident of village - Sahbajpur, P.S.- Ahiyapur, District - Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar S.K., Advocate For the State :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 11-12-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.

2. The petitioner seeks anticipatory bail, apprehending his arrest, in connection with Sikandarpur PS. Case No.-73 of 2024 dated 17.07.2024, registered for the offences punishable under Sections 8(c) and 21(b)(c) of the N.D.P.S. Act.

3. As per allegation, co-accused Salma Khatoon was apprehended with 391 gm Smack. As per further allegation, Smack was going to be delivered to the accused/petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that even as per the alleged facts and circumstances, the case is only based on suspicion against the petitioner. He further submits that petitioner has not demanded

Patna High Court CR. MISC. No.84511 of 2024(2) dt.11-12-2024 2/3 any Smack from anybody. Hence, petitioner is no way connected with the alleged offence.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated paragraph no.3 of the bail petition that the petitioner has one criminal antecedent.

7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Special Judge, Exclusive N.D.P.S. Court No.- II, Muzaffarpur, in connection with Sikandarpur PS. Case No.- 73 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has any additional criminal

Patna High Court CR. MISC. No.84511 of 2024(2) dt.11-12-2024 3/3 antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T